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Federal Court Grants Summary Judgment Against Veterans Guardian in Consumer Protection Class Action

Federal Court Grants Summary Judgment Against Veterans Guardian in Consumer Protection Class Action

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Associate Kaitlynn Nelson

West & Dunn’s Student Associate Kaitlynn Nelson explains the recent federal court ruling against Veterans Guardian, including the court’s finding that its unaccredited VA claims assistance violated federal law and constituted an unfair trade practice under North Carolina law. She also discusses what the decision may mean for veterans who paid Veterans Guardian for assistance with their veterans disability claims.

On August 3, 2026, the United States District Court for the Middle District of North Carolina issued a significant ruling in Ford v. Veterans Guardian VA Claim Consulting, LLC, granting summary judgment in favor of the plaintiffs on liability for their claims under the North Carolina Unfair and Deceptive Trade Practices Act (“UDTPA”). The Court concluded that Veterans Guardian’s business practices violate federal law governing VA claims representation and constitute unfair trade practices under North Carolina law.

The lawsuit challenged Veterans Guardian’s practice of preparing and presenting VA disability claims despite not being accredited by the U.S. Department of Veterans Affairs. The Court found that the company operated outside the VA’s accreditation system while charging veterans contingent fees for its services for both initial and supplemental claims. The opinion also noted that Veterans Guardian instructed clients not to disclose its involvement to the VA, allowing the company to avoid the regulatory oversight that applies to accredited representatives. Based on these undisputed facts, the Court held that the plaintiffs were entitled to judgment as a matter of law on liability for their unfair trade practices claims.

While the Court dismissed one portion of the plaintiffs’ claim under the North Carolina Debt Collection Act, it allowed the remainder of that claim to proceed. It rejected Veterans Guardian’s argument that the veterans’ claims were barred because they voluntarily paid the challenged fees. The case will now move forward on the remaining issues, including damages and the surviving statutory claims.

The ruling is significant because it reinforces the protections Congress established through the VA’s accreditation system. The Court recognized that the accreditation requirements are intended to protect veterans from unauthorized and potentially predatory claims assistance. By holding that Veterans Guardian’s unaccredited claims preparation constituted an unfair trade practice, the decision underscores the importance of ensuring that veterans receive assistance from individuals and organizations operating within the legal framework established by federal law.

For veterans who paid Veterans Guardian for assistance with their disability claims, this decision represents an important step toward accountability. Although the Court has not yet determined the amount of recovery, its ruling establishes liability on the plaintiffs’ unfair trade practices claims. It allows the litigation to proceed toward resolving damages. More broadly, the decision sends a clear message that companies cannot circumvent the VA’s accreditation requirements while charging veterans for services that federal law reserves for accredited representatives.

If you or a veteran you know is looking for assistance appealing a VA decision, West & Dunn is accredited by the U.S. Department of Veterans Affairs to assist veterans with their VA disability claims. If you have questions about your claim or need help navigating the appeals process, contact our office today at 608-535-6420 or through our Contact Us page.

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